Terrexit? Arc’teryx obstacle for Adidas ‘Terrex’

Adidas is a world-famous sports and leisure brand, whose logo features on almost all of its products.

Adidas also has several sub-brands, such as 'Terrex', which was launched to sell the company’s outdoor product range. Adidas opened a Terrex shop in Vancouver, Canada, just a few doors down from an ‘Arc'teryx’ shop, a Canadian brand that also sells outdoor products.

Arc'teryx's parent company, Amer Sports Canada, was not slow to spot the similarities between Terrex and Arc'teryx, and filed a lawsuit against the adidas sub-brand, claiming that consumers would confuse the Terrex shop with the Arc'teryx store. Amer Sports Canada also claimed that the signature three-stripe adidas logo, positioned in front of the Terrex logo, was too similar to the letter 'A' in the Arc'teryx logo. Private investigators hired by Amer Sports Canada further reported that staff working at the Terrex store told them that at least 100 shoppers walked in thinking it was an Arc'teryx store. 

The Supreme Court in Vancouver ruled that the similarity and likelihood of confusion between the two brands was immediately obvious. Because adidas also does not have an approved trademark registration in Canada, adidas was ordered to cover its Terrex sign. The onus is still on Arc'teryx, however, to prove whether it has suffered any damage as a result of the alleged adidas trademark infringement.

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Source:

SGB Media: https://sgbonline.com/arcteryx-seeks-to-block-adidas-terrex-trademark-registration/, Fashion United: https://fashionunited.be/nieuws/business/arc-teryx-wint-kort-geding-tegen-adidas-over-terrex-winkel-in-vancouver/2024011140651